What are the sentencing standards for the crime of infringement of trade secrets?

The crime of infringing on Trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets that it possesses or obtains, and giving the right holder of the trade secrets Behavior that causes heavy losses. So what is the sentencing standard for the crime of infringing on trade secrets? The editor of Legal Savior Network will tell you below.

What are the sentencing standards for the crime of infringement of trade secrets

"Criminal Law" It stipulates that anyone who commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secret, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined alone; if it causes particularly serious consequences, he shall be sentenced to not less than three years but not more than seven years. Fixed-term imprisonment and a fine:

(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other unfair means;

(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph ;

(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.

Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.

Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee. technical information and business information.

The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"

Article 7: Carrying out one of the acts stipulated in Article 219 of the Criminal Law, causing losses of more than 500,000 yuan to the right holder of the trade secret, shall be classified as "causing losses to the right holder of the trade secret" cause significant"Loss" shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of infringement of trade secrets, and shall also or solely be fined.

Causing losses to the right holder of the trade secret If the amount exceeds 2.5 million yuan, it falls under the category of "causing particularly serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine for the crime of infringement of trade secrets.

The above is the relevant introduction to the sentencing standards for the crime of infringement of trade secrets. I hope it can help everyone. If you need to know more, please pay attention to the Legal Savior Network Official website, consult our Law Savior Network lawyers online, we will serve you wholeheartedly.